Terms of Service (TOS) and Acceptable Use Policy (AUP).
By engaging our services and/or submitting payment to The Texas Network for services you are agreeing to our terms of service.
The Texas Network agrees to provide you ("User") with those services ("Service") set forth on the Application
subject to User's compliance with the terms and conditions below. In this TOS,
"you", "your", "yours, "user", "account holder", "subscriber" and
"client" refer to you our customer. "We", "our", "ours",
"us", "its", "TTN" and "The
Texas Network" refer to The Texas Network.
READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
Your continued use of The Texas Network services constitutes your acceptance of the Terms of Services (TOS) and Acceptable Use Policy (AUP),
as amended or revised from time to time. Customer understands that revision or amendment to the Terms of Service (TOS) or Acceptable Use Policy
(AUP) by The Texas Network shall not be grounds for early contract termination or non-payment.
If you DO NOT AGREE with the TOS you
should immediately discontinue your use of The Texas
Network services and close your
account pursuant to the Account Cancellation Policy.
If User is dissatisfied with the Service or with any
terms, conditions, rules, policies, guidelines or
practices of The Texas Network in operating the Service, User's sole and exclusive remedy is to discontinue using the Service pursuant to the Account Cancellation Policy.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, County of Harris applicable to contracts en
forcible in that state. Venue will be Harris County, Texas.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
The Texas Network exercises no control whatsoever over
the content of the information passing through our
system. Use of any information obtained via our service
is at User's risk. Neither The Texas Network nor any of
its affiliates, its licensers, its contractors or their
respective employees warrant that the Service will be
uninterrupted or error free; nor does The Texas Network make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE
OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION
GIVEN BY THE TEXAS NETWORK, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER
THE TEXAS NETWORK NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE
IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE TEXAS NETWORK, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR
TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SER
VICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY
OTHER CAUSE OF ACTION. IN THE EVENT THE TEXAS NETWORK IS
FOUND LIABLE UNDER ANY CIRCUM STANCE UNDER THE TERMS OF
THIS AGREEMENT, THE TEXAS NETWORK LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RA
TED TO REFLECT THE CURRENT TERM.
INDEMNIFICATION
Notwithstanding anything to the contrary herein
contained, User agrees to indemnify and hold The Texas
Network, its affiliates, its licensers, its contractors or their respective employees, shareholders, and officers harmless against any and all liability, loss, claim, judgment, damage and expense
(including without limitation attorney's fees and cost
of litigation) incurred or suffered by The Texas Network, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as
a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities,
losses, damage, judgment and expense which arise out of
alleged injury or death of any person or damage to
property of every kind and description. User shall
promptly notify The Texas Network in writing of any claim of which it is obligated under this indemnity. User shall have the
right to assume the defense of any such claim. User and
The Texas Network shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Software Applications:
User understands that the software Applications offered
thru The Texas Network are charged on a monthly subscription usage basis. User will have access
to these Applications associated with the Service
package under subscription for as long as their
subscription is current. If User elects t o cancel their
subscription (pursuant to the Account Cancellation
Policy), User agrees to remove all Applications from
their computer and cease to use their functionality. In
addition, The Texas Network will disable the use of these Applications. If User continues to use the Applications aft
er Service cancellation, The Texas Network will charge Users credit card on record ninety nine dollars for each software application in use after s
aid cancellation on an annual basis.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials
at his or her own risk. The Texas Network has no control over and accepts no responsibility whatsoever for such materials.
Telephone Charges
The Texas Network is not responsible for tolls or other telephone charges resulting from long distance dialing or line usage. It is the sole responsibility
of Account Holder to verify with the local telephone
company that the access number used to access the The
Texas Network is a local call.
Prohibited Uses
Account Holder may not:
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
The Texas Network has no obligation to monitor the Service.
However, User agrees that The Texas Network has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect itself or its subscribers. The Texas Network will not intentionally monitor or disclose any private E-mail message
unless required by law. The Texas Network reserves the right to refuse to post
or to remove any information or materials, in whole or in part, that, in its
sole and absolute discretion, are unacceptable, undesirable, or in violation of
this Agreement. The Texas Network reserves the right to suspend access to the
Service for User's account. The account's suspension may be rescinded within the
sole and absolute discretion of The Texas Network following payment of a
reconnection charge, to be determined by The Texas Network in its sole and absolute discretion.
Messaging
User agrees to limit their use of the
The Texas Network service, specifically regarding the use of The Texas Network electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers:
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of
relaying or distributing messages is prohibited.
Fraudulent Addressing:
User agrees that the purposeful distribution of any email message where the
return address, originator's address, or any other identifiable aspect of the
message has been purposefully altered, is prohibited. User may not purposefully
misrepresent the origination in formation of any email messages sent while using
the The Texas Network service.
Transmission of unsolicited email or promotional material:
Users of The Texas Network services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a TWENTY FIVE dollar penalty for each email address for which the unsolicited
or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition,
The Texas Network reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully
and intentionally damaged The Texas Network brand and image in the marketplace.
The violator agrees to pay any and all legal costs incurred by The Texas Network associated with each violation.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.
Limitation of Dial-Up Services
Non-Dedicated Access
THE TEXAS NETWORKS NETWORK IS DESIGNED, PROVISIONED AND MANAGED TO SUPPORT
TYPICAL CONSUMER INTERNET USAGE PATTERNS. THE TEXAS NETWORKS INTENT IS TO
PROVIDE THE HIGHEST LEVEL OF SERVICE TO ITS ENTIRE CUSTOMER BASE. THE TEXAS
NETWORK RESERVES THE RIGHT TO UPGRADE TO COMMERCIAL LEVEL SERVICE, (AT THE THEN
CURRENT COMMERCIAL DEDICATED ACCESS RATE AND TERMS) ANY ACCOUNT WHICH ATTEMPTS
TO UTILIZE THE TEXAS NETWORKS NETWORK AS A DEDICATED INTERNET
CONNECTION. ACCOUNT HOLDER AGREES TO PAY ANY AND ALL CHARGES ASSOCIATED WITH ANY
UPGRADE TO COMMERCIAL LEVEL SERVICE. DEDICATED CONNECTIONS ARE DEFINED AS THE
INTENT TO REMAIN CONTINUOUSLY CONNECTED TO THE TEXAS NETWORKS NETWORK.
ACCOUNT CANCELLATION POLICY
The Texas Network reserves the right to cancel Service for any reason without prior notice. All cancellations initiated by customer require thirty (30) days advance notice. Cancellations may be made by phone (281)
445-3535 (Attention: Support) or by E-mail (support @ texasnetwork.com). Please provide your username, password, and billing information, and the termination effective date.
No Confidentiality
Information transmitted through The Texas
Network and through the Internet in general is not confidential. The Texas
Network can not and shall not guarantee privacy or protection of any User. The
Texas Network reserves the right to monitor any User's transmissions when deemed
necessary for providing proper service and/or to protect the rights and property
of The Texas Network and its customers.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's
password. Loaning User's account to others, connecting a system used by multiple persons, simultaneous log-ins, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per
system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
Customer Premise Equipment (CPE)
Unless otherwise provided, The Texas Network will pay for, provide, install maintain, operate control and own any network access device (.Equipment.) connected to the
The Texas Networks network, which Equipment shall at all times remain the
property of The Texas Network regardless of where located or attached. Customer
may not rearrange or move or disconnect the Equipment and is responsible for any
damage to or loss of Equipment caused by Customer, its end users or invitees. If
Customers equipment is incompatible with services provided by The Texas Network under this Agreement, Customer is responsible for any special interface equipment or facilities necessary to ensure compatibility.
Payments/Billing
ALL PAYMENTS TO THE TEXAS NETWORK ARE NONREFUNDABLE.
All accounts will be renewed for the identical term on the Anniversary date, unless you notify us to the contrary at least thirty (30) days prior to your anniversary date. Credit Card customers will receive notification when their card has been charged. Customers paying by check will be
billed either by mail or E-mail at our discretion. Credit cards declined for any reason are subject to a $5.00 declination fee. Checks returned for any reason will be subject to a $ 30.00 returned item fee. Service suspended for non-payment will be subject to a $10.00 reconnection fee
.
Uncollectible accounts will be referred to an outside agency.
Customer will be responsible all collection costs and fees.
No System Backup
The Texas Network does not and will not perform system backups on any User's E-mail account(s)
or hosted Websites. The Texas Network shall not be held responsible for any lost
E-mail data, email attachments, or any E-mail message contents, or Website
contents regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, The Texas Network will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions may deny User access to all or
part of the Service without notice if User engages in any conduct or activities
that The Texas Network in its sole discretion believes violates any of the terms
and conditions in this Agreement. If The Texas Network denies User access to the
Service because of such a violation, User shall not have the right (1) to access
through The Texas Network any materials stored
on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through The Texas Network, and The Texas Network shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Miscellaneous
Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual Property Right: Use of the The Texas
Network service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, is strictly prohibited.
Account holders who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site
may be downloaded or otherwise exported or re-exported into, or to a national or
resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, o r any other country
to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using any software
available from The Texas Network, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
User agrees to notify The Texas Network if User moves or otherwise changes his or her mailing address or phone number, and to provide a truthful name, postal address and telephone number to
The Texas Network. User may provide notification by e-mail (support @
texasnetwork.com), by phone (281-445-3535), or mail (The Texas Network, 507
North Sam Houston Parkway East, Suite 125 - Houston, Texas 77060 - 281-445-3535, Attention: Customer Support).
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with app
likable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
The Texas Networks failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
The Texas Network may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of t
he Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility t
o check this online area regularly to determine whether this Agreement has been modified.
The Texas Network shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service.
By engaging our services and submitting payment to The Texas Network for services you are agreeing to our terms of service.
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